HomeMy WebLinkAbout20013078 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution,with the addition of moving Condition of Approval#3H
(1)and (2) to become #2 A and B along with additional language consisting of protection of the wellhead
from impacts from vehicles associated with the proposed barn/arena to Condition of Approval #2A, be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
Planner: Chris Gathman
Case Number: USR-1348
Applicant: Rhonda & Chuck Abfalter Address: 2700 WCR 10, Erie, CO 80516
Request: A Site Specific Development Plan and a Special Use Permit for an accessory building
(indoor arena for personal training and boarding)that exceeds four percent(4%)of the total
lot area of a lot in a recorded subdivision in the A (Agricultural)Zone District
Legal Description: (Lot 12, Carlson Subdivision) Part of the NE4 of Section 16, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: Approximately 630 feet south of Weld County Road 10 and approximately 1,000 feet east
of Weld County Road 7
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-2-60 A.Policy 1.a states
"Agricultural zoning will be established and maintained to protect and promote the County's
agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and
to provide areas for agricultural activities and uses dependent upon agriculture without the
interference of incompatible residential,commercial and industrial land uses." The proposal
would not be using the site for agricultural production but for the training of Morgan Horses.
This is an agricultural related activity.
The proposed building will be located approximately 90 feet from an existing wellhead on
the west property line. The applicants have indicated that they will pursue boarding of
outside animals which means the building must meet the 150 foot setback from wellheads
as outlined in Section 23-3-50.E of the Weld County Code. Conditions of approval require
that the applicants either obtain an authorization from the gas company to encroach within
the 150 foot setback or relocate the building to meet the 150 foot setback from the
wellhead.
b .Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-30 of the Weld County Code provides for
accessory buildings exceeding 4% of the total lot area on lots in an approved or recorded
11 EIBIT
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RESOLUTION, USR-1348
Rhonda & Chuck Abfalter
Page 2
subdivision plat or lots part of a map or plan filed prior to the adoption of any regulations as
a Use by Special Review in the A (Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Uses in the area consist of single family residences with
outbuildings and livestock. The majority of outbuildings in the area are considerably smaller
than the barn facility proposed by the applicants. The proposed building will cover
approximately 19% of the site (Lot 12).
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The City of Dacono and the Town of Frederick, in their referrals received
July 6, 2001 and July 27, 2001, indicated that the proposal had no conflicts with their
interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The proposal is located within the Southwest Weld Road Impact Area 2 and the
Geologic Hazard Overlay District. The barn will be located in an area of severe subsidence
according to the 1978 Weld County Geologic Hazard Area Map. A Geologic Hazard
Overlay Development Permit will be required to be submitted and approved prior to
recording the plat.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposal is located on
"Prime"agricultural land but the size of the lot(4.8 acres)and amount of land owned by the
applicants (20 acres) limits the viability of the property for agricultural production. The
proposed use (training of horses) is an agricultural related use.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to scheduling a Board of County Commissioners Hearing:
USR-1348 Abfalter Page 2
RESOLUTION, USR-1348
Rhonda & Chuck Abfalter
Page 3
A. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the properties mineral owners stipulating that
the oil and gas activities have adequately been incorporated into the design of the
site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners. The agreement shall address protection of the
wellhead from impacts from vehicles associated with the proposed barn/arena.
(The applicant shall submit evidence that the gas company is in agreement with the
proposed 90-foot setback from the existing wellhead on the property). (Department
of Planning Services)
or
B. The applicant shall reconfigure the location of the proposed building so that it
meets the 150 foot setback from the existing gas wellhead. (Department of
Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Off-street parking spaces and the access drive shall be delineated on the plat.
(Department of Planning Services)
2) Off-street parking spaces and access drives shall be offset a minimum of 3-feet
from adjacent property lines. (Department of Planning Services)
C. The applicant shall submit and receive approval for a Geological Hazard Overlay District
Development Permit from the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit and receive approval for a variance application to construct their
proposed arena/stable approximately 60 feet within the required 150 foot setback from the
existing wellhead on the property. (Department of Planning Services)
D. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment,for approval prior to operation.
(Department of Public Health and Environment)
E. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
F. The applicant shall submit a manure and stormwater management plan to the Weld County
Department of Public Health and Environment fo review and approval. The plan should
describe how manure generated on site will be stored, managed, removed, land applied,
etc. The plan should also describe the fate of any stormwater that may come into contact
with manure.
USR-1348 Abfalter Page 3
RESOLUTION, USR-1348
Rhonda & Chuck Abfalter
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G. The applicant shall attempt to address the requirements (concerns) of the Mountain View
Fire Protection District,as stated in the referral response received July 11,2001. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Mountain View Fire Protection District)
H. The applicant shall do one of the following:
C. Prior to Construction:
A. Proper building permits shall be obtained. (Department of Building Inspection)
B. Each Building will require an engineered foundation based on a site-specific
geotechnical report or an open-hole inspection performed by a Colorado registered
engineer. (Department of Building Inspection)
4. Prior to operation:
1. The cedar hedge limbs encroaching onto the access lane shall be trimmed to accommodate
access to the facility. (Department of Public Works)
2. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems.
(Department of Public Works)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
USR-1348 Abfalter Page 4
RESOLUTION, USR-1348
Rhonda & Chuck Abfalter
Page 5
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 7, 2001.
Dated the7th of August, 2001.
Voneen Macklin
Secretary
USR-1348 Abfalter Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rhonda & Chuck Abfalter
USR-1348
1. A Site Specific Development Plan and a Special Use Permit for an indoor arena for personal
training and boarding that exceeds four percent (4%) of the total lot area of a lot in a recorded
subdivision in the A(Agricultural)Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The applicant owns lots 5,6,11 and 12. If any of the lots are sold,an access easement needs to be
in place to access lots 11 and 12 in the rear, if access is not available from the south property line.
(Department of Public Works)
4. The A (Agricultural)Zone District allows a maximum of four(4) horses per acre. This will allow a
maximum of 19 horses on this lot. Any proposal to exceed (19) horses on this site will require an
approved special use permit from Weld County. (Department of Planning Services)
5. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure
storage site shall have a water-tight surface which does not permit seepage or percolation of
manure pollutants into the ground. (Department of Public Health and Environment)
6. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes shall be
removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler.
(Department of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
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RESOLUTION, USR-1348
Rhonda & Chuck Abfalter
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11. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate hand-washing and toilet facilities shall be provided for the boarders using the indoor
arena. (Department of Public Health and Environment)
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Department of Public Health and Environment)
15. The facility shall utilize the existing public water supply. (Left Hand Water) (Department of Public
Health and Environment)
16. The facility shall comply with the Confined Animal Feeding Operation (CAFO)Regulations. (5CCR
1002-19) (Department of Public Health and Environment)
17. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 2. (Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
Summary of Weld County Planning Commission Meeting
i-- Tuesday,August 7, 2001
Page 4
Sheri Lockman,Department of Planning Services presented Case USR-1345,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked if there is an existing house on the property and if they are also asking to build a second
house plus a cabana. Sheri Lockman explained that there is currently a new home being built,and that the
cabana will be the second home.
Michael Miller said he was on the site and it appeared the cabana is already being built. Ms. Lockman
explained that it is being built as they had asked for early release of building permits,and when an applicant
requests this, they are told they are building at their own risk.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cathy Clamp asked how much use of this cabana house is anticipated. Bob Michels,representative of the
applicant,explained that the anticipated use will be used in the summer months to have a covered area for
family guest and visitors, on holidays, and special occasions, and is not anticipated to be a daily or even
weekly use.
John Folsom asked Char Davis of Environmental Health about the capacity of the septic system. Ms.Davis
said the septic permit is adequate for both the house and cabana.
Stephan Mokray moved that Case USR-1345,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1348
APPLICANT: Rhonda&Chuck Abfalter
PLANNER: Chris Gathman
LEGAL DESCRIPTION:Part of NE4,Sec. 16,Ti N, R68W, (Lot 12)of the 6th P.M.,Weld County, Colorado.
REQUEST: Special Use Permit for a stable/indoor arena that exceeds the 4% lot coverage requirement for
accessory structures for a use allowed by right(Animal training and boarding facilities)in the A(Agricultural)
Zone District on lots in an approved and recorded subdivision or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions of less than 10 acres for the property described below.
LOCATION:Approximately 630 feet south of WCR 10, approximately 1,000 feet east of WCR 7.
Chris Gathman,Department of Planning Services,presented Case USR-1348,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp asked about the letter from the applicant regarding the oil and gas setbacks, and if this is
sufficient or if they need something more from the oil company. Chris Gathman said that they will need
additional information.
Lee Morrison,Assistant County Attorney, said that we will need some type of agreement from the oil and gas
company, so that no issues come up after the structure is built.
El EXHIBIT
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USC.4134I8
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 5
John Folsom asked if there are any requirements for hours of operation. Mr. Gathman explained that
boarding of horses is a use by right, and that the issue is the building is over on lot coverage, and that the
applicants will not be holding events.
Bryant Gimlin asked about the letter from the applicant stating he cannot stay more than 150 feet from the
well head and still meet setbacks. Mr. Gathman said by moving the building,they would be able to meet the
rear setbacks.
John Folsom asked about the row of trees in the County road right-of-way and the obstructing of the view on
WCR 10. Don Carroll,Public Works,said he did notice a hedge with branches in the way,and has asked that
these be trimmed to have enough room to access the property.
Rhonda Abfalter, applicant, asked about the height of the building, and if they would this still meet offsets.
Chris Gathman said that it would meet offsets. Mrs. Abfalter said when they had bought the lots, she
researched the well, and was told that the County had no regulations, and the Oil and Gas Commission told
her that they do not regulate her,just themselves. Mrs.Abfalter feels she has been caught in a loop,and now
that they have the opportunity to build the barn, its coming back again. Mrs.Abfalter is also concerned about
safety regarding the well, and has talked to HS Resources to put some type of fencing up.
Michael Miller asked if this lot is being treated separately when figuring the percentage of coverage. Chris
Gathman said that it is treated as an individual lot because the building is a use by right, and if the lot is sold
off at a later time it would be the only use on the property, and that the permit is specific to the lot.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom said he had concerns on locating the barn next to the well and the safety issues.
Fred Walker suggested they ask for a letter from the oil company prior to the Board of County Commissioners
hearing.
Cathy Clamp asked if they moved the barn without violating setbacks, would they be admittable to this, or
would they rather pursue the 90 foot setback.
Chuck Abfalter, applicant, said they do not want to move the building too far if they do not have to, as there
is a gas line that runs through the middle of the property.
Lee Morrison said they could forward this to the Board with both options to keep the process moving,and still
have both options available.
Fred Walker moved to move Condition of Approval#3H (1)and (2),to become#2 A and B, and say: Prior to
the Board of County Commissioners hearing,and renumber. Stephan Mokray seconded the motion. Motion
carried unanimously.
Chris Gathman suggested the following language be added to Condition of Approval #2A: to address the
fencing around the well concerns:The agreement shall address protection of the wellhead from impacts from
vehicles associated with the proposed barn/arena.
Stephan Mokray moved to approve the addition to Condition of Approval#2A . Bryant Gimlin seconded the
motion. Motion carried unanimously.
The Chair asked the Mr. Abfalter if they were in agreement with the Amended Conditions of Approval and
Development Standards. Mr. Abfalter said they were in agreement.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 6
Bryant Gimlin moved that Case USR-1348, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes; Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1347
APPLICANT: Kurtz Ranch Sand & Gravel
PLANNER: Robert Anderson
LEGAL DESCRIPTION:West 1/2 of Sect.21 &SE4 of the SE4 of Sect. 20,T3N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and as Special Review Permit for an Open Pit Gravel Mining
Operation, Concrete and Asphalt Batch Plant, in the A(Agricultural)Zone District.
LOCATION: North &adjacent to State Hwy 66 approximately 0.6 miles west of WCR 19.
Robert Anderson,Department of Planning Services,presented Case USR-1347,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application, along with the Conditions of Approval and Development Standards.
John Folsom asked if there was an agreement with the Town of Firestone to relocate their trail. Robert
Anderson said in the application materials there is an agreement to relocate this.
Scott Keen,representative for the applicant,stated that they are in agreement with Conditions of Approval and
Development Standards, and will address any additional questions or concerns that may arise.
Michael Miller asked about the Division of Wildlife referral regarding setting aside a riparian area to keep it out
of the mining plan. Mr. Keen said the site is 301 acres,and there is 61 to 62 acres of wetlands that are spread
throughout the site,and that 42 acres will be disturbed,but 55 acres will be recreated. The end result will have
unlined ponds for the wildlife,so 196 acres will have five unlined ponds,and 75 acres of wetlands,and this plan
has been submitted to the Corps of Engineers. Mr. Miller asked how they intend to mitigate damages of the
wetlands,and would like to see some type of plan for this. Mr.Keen explained that the mining plan is approved
by the State Minerals and Geology, calls for mining to begin in the southern end of the site,with reclamation
occurring so that it does not interfere with the mining, and that no more than 20-25 acres will be disturbed
without beginning reclamation behind it.
Mr. Miller referred to the Division of Wildlife referral asking for no more than 35 acres be mined at one time,
and asked Robert Anderson if there was language for this. Mr.Anderson said there was not specific language,
and that there extraction plan indicates mining in phases, not disturbing more than 35 acres at a time as
submitted to the State. Mr. Miller asked to hear what the State permit application says.
Robert Anderson read the State application refers to mining 70 acres at a time, and not 35 acres. Michael
Miller said that this would mean that all of the 65 acres of wetlands would be effected at one time. Mr. Keen
said that this will not happen as the wetlands are disbursed throughout the property.
Cathy Clamp asked Lee Morrison about the Division of Wildlife referral requesting the 35 acres,and if the State
permit says 70 acres, can the Commission tighten this. Mr. Morrison said to do this they need to establish the
distinction between mining reclamation plan and land use authorities of the County. Mr. Morrison added that
you could if it fits within the rationality of the County.
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